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Voss v. Foster

Court of Civil Appeals of Texas, Eastland
Dec 18, 1970
466 S.W.2d 325 (Tex. Civ. App. 1970)

Opinion

No. 4444.

December 18, 1970.

Appeal from the District Court, Taylor County, J. Neil Daniel, J.

John A. Menefee, Rankin, for appellants.

Yates Yates, Edmund C. Yates, Abilene, for appellees.


Appellees herein have made a motion to this court to dismiss the appeal for want of jurisdiction, asserting that appellants failed to give notice of appeal within the time required by the Texas Rules of Civil Procedure.

The record shows that the judgment appealed from was dated and signed on July 27, 1970. The only notice of appeal was a written notice filed with the District Clerk on August 24, 1970.

Rule 353(a) of the Texas Rules of Civil Procedure provides that:

"(a) An appeal, when allowed by law, may be taken by notice of appeal (1) in open court, noted on the docket or embodied in the judgment, order overruling motion for new trial, or other minute of the court, or (2) filed with the clerk; such notice to be given or filed within ten days after the judgment or order overruling motion for new trial is rendered.'

Numerous cases have held that a proper notice of appeal within the ten day period required by the above rule is jurisdictional: Howe v. Howe, 223 S.W.2d 944, (Tex.Civ.App. writ ref.). Becnel v. Becnel, 336 S.W.2d 221, (Tex.Civ.App. 1960, no writ hist.). Donald v. John Vinson, Inc., 344 S.W.2d 751, (Tex.Civ.App. 1961, writ ref.). Glasscock v. Black, 272 S.W.2d 388, (Tex.Civ.App. 1954). Curtis v. Carey, 378 S.W.2d 418, (Tex.Civ.App. 1964, no writ hist.). Walker v. S T Truck Lines, Inc., 409 S.W.2d 942, (Tex.Civ.App. 1966, writ ref.). Brown v. Vander Stucken, 435 S.W.2d 609, (Tex.Civ.App. 1968, no writ hist.). Greer v. City of Seguin, Tex.Civ.App., 458 S.W.2d 102.

The appeal is dismissed.


Summaries of

Voss v. Foster

Court of Civil Appeals of Texas, Eastland
Dec 18, 1970
466 S.W.2d 325 (Tex. Civ. App. 1970)
Case details for

Voss v. Foster

Case Details

Full title:Dollie VOSS et al., Appellants, v. Lee Ora FOSTER et al., Appellees

Court:Court of Civil Appeals of Texas, Eastland

Date published: Dec 18, 1970

Citations

466 S.W.2d 325 (Tex. Civ. App. 1970)